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Department of Transportation
Federal Aviation Administration
Small Entity Compliance Guide for
Certification of Airports
14 CFR Part 139
January 27, 2004
NOTICE
Small Entity Compliance Guides are prepared pursuant to section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”), Pub. L. 104-121. The statements in this document are intended solely as guidance to aid in complying with the associated rule. The material contained in this document is neither mandatory nor regulatory in nature and does not constitute a regulation. It describes an acceptable means, but not the only means, for demonstrating compliance with the applicable regulations. The Federal Aviation Administration (FAA) will consider other methods of demonstrating compliance that an applicant elects to present. Terms such as "shall" and "must" are used in the sense of ensuring applicability of the particular method of compliance, when an acceptable method of compliance is described, in this document. The terms “shall” and “must” may be appropriately used to quote or paraphrase regulatory requirements.
In any civil or administrative action against a small business, small government or small nonprofit organization for a violation of a rule, the content of its Small Entity Compliance Guide may be considered as evidence of the reasonableness or appropriateness of proposed fines, penalties or damages. This guide may not apply in a particular situation based upon the circumstances, and the FAA retains the discretion to adopt approaches on a case-by-case basis that differ from this guide where appropriate. Any decisions regarding a particular facility will be made based on the statute and regulations. Therefore, interested parties are free to raise questions and objections about the substance of this guide and the appropriateness of its application in a particular situation. The FAA will consider whether the recommendations or interpretations in the guide are appropriate in that situation. The FAA may decide to revise this guide without public notice to reflect changes in the FAA's approach to implementing a rule or to clarify and update text. To determine whether the FAA has revised this guide, contact the FAA’s Airports Safety and Certification Branch.
CONTENTS
Background 4
Purpose 4
Assistance 5
Steps to Obtaining an Airport Operating Certificate (AOC) 7
Step 1 7
Step 2 7
Step 3 8
Step 4 8
Step 5 9
Step 6 9
Part 139: What each section means to you 10
Subpart A—General 10
139.1 Applicability. 10
139.3 Delegation of authority. 10
139.5 Definitions. 10
139.7 Methods and procedures for compliance 10
Subpart B—Certification 10
139.101 General requirements. 10
139.103 Application for certificate. 11
139.105 Inspection authority 11
139.107 Issuance of certificate 11
139.109 Duration of certificate 11
139.111 Exemptions. 11
139.113 Deviations. 12
Subpart C—Airport Certification Manual 12
139.201 General requirements. 12
139.203 Contents of Airport Certification Manual 12
139.205 Amendment of Airport Certification Manual 14
Subpart D—Operations 15
139.301 Records. 15
139.303 Personnel. 15
139.305 Paved areas 16
139.307 Unpaved areas 16
139.309 Safety areas 16
139.311 Marking, signs, and lighting. 17
139.313 Snow and ice control 18
139.315 Aircraft rescue and firefighting: Index determination. 19
139.317 Aircraft rescue and firefighting: Equipment and agents. 20
139.319 Aircraft rescue and firefighting: Operational requirements 22
139.321 Handling and storing of hazardous substances and materials. 24
139.323 Traffic and wind direction indicators 25
139.325 Airport emergency plan 25
139.327 Self-inspection program 26
139.329 Pedestrians and Ground Vehicles 27
139.331 Obstructions 28
139.333 Protection of NAVAIDS 28
139.335 Public protection 29
139.337 Wildlife hazard management 29
139.339 Airport condition reporting. 30
139.341 Identifying, marking, and lighting construction and other unserviceable areas. 30
139.343 Noncomplying conditions. 30
Background:
14 CFR Part 139 applies to airports that have scheduled or unscheduled air carrier operations in aircraft with a seating capacity of more than 30 passenger seats. Under recent amendments, Part 139 also now applies to airports with scheduled air carrier operations in aircraft with a seating capacity of more than 9 passenger seats. If an airport has only unscheduled air carrier operations in aircraft with a seating capacity of less than 31 passenger seats, Part 139 does not apply.
Previously, airports were issued an “Airport Operating Certificate” (AOC) or a “Limited Airport Operating Certificate” (LOAC) corresponding to either scheduled or unscheduled air carrier operations. These certificates will be replaced with a single “Airport Operating Certificate” that covers operation of a Class I, II, III, or IV airport. The class of airport is determined by the seating capacity of the air carrier aircraft and the schedule of service. The class of airport will be discussed in detail later in this document.
In addition, several National Transportation Safety Board (NTSB) recommendations were incorporated into the amendments of Part 139 that affect all certificated airports.
Purpose:
The purpose of this guide is to assist airports in making the changes required by Part 139. It assists airports that are not currently certificated or maintain only a Limited Airport Operating Certificate through the certification process. It also provides guidance on how to comply with the Part 139. This guide is applicable to airports with scheduled air carriers operating aircraft designed for more than 9 passenger seats and airports that have scheduled or unscheduled air carrier operations in aircraft with a seating capacity of more than 30 passenger seats.
This guide also assists currently certificated airports with changes that will affect their current Airport Operating Certificate.
For purposes of this document:
The person or persons responsible for the operation and management of an airport may be referred to as: airport, airport operator, certificate holder, manager, you, or your.
The FAA person or persons making regulatory decisions for the airport may be referred to as: the FAA, Administrator, Associate Administrator for Airports, Regional Airports Division Manager, Airport Certification Safety Inspector (ACSI), or Safety and Standards Branch Manager.
Assistance:
If an airport needs assistance with anything presented in this guide, you should contact the Lead ACSI in your region. The Lead ACSI will put you in touch with the ACSI assigned to your airport to answer any questions. Locate your state on the map below to identify the FAA Region you are located in and then use the corresponding phone number and address from the list below the map. It is important that you communicate with your ACSI, as he or she will assist you through the certification process. In addition, you should maintain contact with the Airports District Office (ADO) engineer or planner who assists with grant funding to meet the requirements of the new regulation.
Note: Each title below is a hyperlink to that Region’s Airports Division Homepage.
Alaska Region
Federal Aviation Administration
AAL-620
222 W.7th Ave #14
Anchorage, AK 99513
Phone: (907) 271-5438
Fax: (907) 271-2851
Central Region
Federal Aviation Administration
ACE-620
901 Locust
Kansas City, MO 64106-2325
Phone: (816) 329-2601
Fax: (816) 329-2610
Eastern Region
Federal Aviation Administration
AEA-620
1 Aviation Plaza
Jamaica, NY 11434-4809
Phone: (718) 553-3330
Fax: (718) 995-5615
Great Lakes Region
Federal Aviation Administration
AGL-620
2300 East Devon Avenue
Des Plaines, Illinois 60018
Phone: (847) 294-7272
Fax: (847) 294-7036
New England Region
Federal Aviation Administration
ANE-620
12 New England Executive Park
Burlington, MA 01803
Phone: (781) 238-7600
Fax: (781) 238-7608
Northwest Mountain Region
Federal Aviation Administration
ANM-620
1601 Lind Avenue, S.W., Suite 315
Renton, WA 98055-4056
Phone: (425) 227-2600
Fax: (425) 227-1600
Southern Region
Federal Aviation AdministrationASO-600P.O. Box 20636Atlanta, GA 30320-0631
Phone: (404) 305-6700
Fax: (404) 305-6730
Southwest Region
Federal Aviation Administration
ASW-620
2601 Meacham Blvd.
Fort Worth, TX 76137-4298
Phone: (817) 222-5600
Fax: (817) 222-5984
Western Pacific Region
Federal Aviation Administration
AWP-620
P.O. Box 92007
Los Angeles, CA 90009-2007
Phone: (310) 725-3600
Fax: (310) 725-6849
STEPS TO OBTAINING AN
AIRPORT OPERATING CERTIFICATE (AOC)
Step 1: Determine if this regulation applies to you.
In order to apply for an Airport Operating Certificate (AOC), you must provide written documentation to the local Regional Airports Division that either you have air carrier service or that air carrier service will begin on a certain date. Without air carrier service this regulation does not apply to you unless you currently have an AOC or Limited Airport Operating Certificate (LAOC) and elect to retain that certificate. If you elect to retain a certificate despite the lack of air carrier service, you are required to meet the standards of the Part 139.
Note: If you currently hold an AOC or LAOC and have no air carrier service, you will need to decide whether or not to retain a certificate. This decision must be weighed against the economic implications of the additional requirements imposed by the amended regulation.
Definition of Large and Small Air Carrier Aircraft:
A large air carrier aircraft is designed for 31 passenger seats or more.
A small air carrier aircraft is designed for 10-30 passenger seats.
If you answer “Yes” to any of the following questions, Part 139 applies to your airport and you than should proceed to Step 2.
1. Does your airport serve scheduled operations of large air carrier aircraft? (Class I)
2. Does your airport serve scheduled operations of small air carrier aircraft and unscheduled operations of large air carrier aircraft? (Class II)
3. Does your airport serve scheduled operations of small air carrier aircraft but not scheduled or unscheduled operations of large air carrier aircraft? (Class III)
4. Does your airport serve unscheduled operations of large air carrier aircraft but not scheduled operations of large or small air carrier aircraft? (Class IV)
Note: If your airport only serves scheduled air carrier aircraft with 9 seats or less and/or unscheduled (10-30 seats) air carrier aircraft with 30 seats or less, then Part 139 does not apply to your airport, and you are finished.
Step 2: Determine your class of airport.
Based on questions 1-4 listed in Step 1 above, choose the type of air carrier service you have at your airport and note the corresponding class provided in parentheses. This is your Airport Certificate Class.
Complete definitions are provided below:
Class I airport means an airport certificated to serve scheduled operations of large air carrier aircraft that also can serve unscheduled passenger operations of large air carrier aircraft and/or scheduled operations of small air carrier aircraft. A Class I airport may serve any class of air carrier operations.
Class II airport means an airport certificated to serve scheduled operations of small air carrier aircraft and the unscheduled passenger operations of large air carrier aircraft. A Class II airport cannot serve scheduled large air carrier aircraft.
Class III airport means an airport certificated to serve scheduled operations of small air carrier aircraft. A Class III airport cannot serve scheduled or unscheduled large air carrier aircraft.
Class IV airport means an airport certificated to serve unscheduled passenger operations of large air carrier aircraft. A Class IV airport cannot serve scheduled large or small air carrier aircraft.
Example: Airport Y has only scheduled operations of small (10-30 seat) air carrier aircraft. Airport Y is a Class III airport.
Step 3: Prepare an application.
In order for an airport to be considered for an AOC, the airport operator must submit an application to the appropriate Regional Airports Division and two copies of an Airport Certification Manual (ACM) (the ACM will be covered in Step 4). The application and two copies of your ACM must be mailed to your ACSI at the address listed above for your particular regional Airports Division office.
Go to FAA Forms, search for Form 5280-1, and complete the application as thoroughly and completely as possible. If you need assistance with any of the items, please contact the ACSI in your region.
Step 4: Prepare an Airport Certification Manual (ACM).
The ACM is required by § 139.201, so it must be prepared with care. If the regulation is “What” the airport must adhere to, the ACM is “How” the airport is going to operate to achieve regulatory compliance based on the standards under Part 139. The ACM should be comprehensive enough to clearly explain to airport personnel what they need to do on a daily basis to comply with the regulation. We also recommend that it only include those items that are necessary to comply with the regulation.
The FAA produces Advisory Circulars (AC) that contain standards and procedures that are acceptable to the Administrator for compliance with Part 139. These ACs may be accessed by going to Airports Advisory Circulars and locating the appropriate AC for the section of the ACM you may be working on. Additionally, the FAA occasionally issues Certification Alerts, Airport CertAlerts. A CertAlert is a quick way for the Airports Safety and Operations Division to provide guidance on Part 139 certification-related issues to FAA inspectors and staff. The CertAlert logs provide contact information if you have questions about a particular CertAlert.
Go to AC 150/5210-22, which is the AC for the Airport Certification Manual. In the AC you will find instructions on how to develop your ACM along with boilerplate formats for each class of airport. Under § 139.101(c), the following schedule must be followed:
Class I airports must submit a new ACM to the FAA by December 9, 2004.
Class II, III and IV airports must submit a new ACM to the FAA by June 9, 2005.
Your ACM should be produced in an electronic format that is easy to update and keep current. It is a regulatory requirement under 139.201(b)(1) that the ACM be kept current at all times.
Step 5: Inspection.
Once the application and ACM have been received, the ACSI will schedule an inspection to determine if the applicant is properly and adequately equipped and able to provide a safe airport-operating environment. Keep in mind that under section 139.305, the holder of an AOC shall allow the Administrator, which in this case is the designated ACSI, to make any inspections, including unannounced inspections, or tests to determine compliance with 49 U.S.C. 44706 (Airport Operating Certificates) and the requirements under Part 139.
Note: Airports changing from an LAOC to a new AOC are required to have an inspection prior to issue of a certificate.
In addition to the initial inspection you can expect at a minimum, recurrent inspections every 12-24 months.